Penske Truck Accidents
Penske rents personal and commercial semi-trucks, semi-trailers, and straight trucks to businesses that haul cargo. It has about 28,000 trucks in its fleet, and these trucks are of varying lengths up to 26 feet. Consumer rental trucks are branded yellow with blue stripes and black letters. If you are injured in a Penske truck accident, you should consult the experienced Los Angeles truck accident attorneys at Sharifi Firm.Holding a Driver Accountable for a Penske Truck Accident
Truck accidents tend to have devastating consequences for people in smaller vehicles. The result of a truck accident may be catastrophic injuries, such as traumatic brain injuries, spinal cord damage, paralysis, broken bones, crushing injuries, and amputations. They may result in a wrongful death in the most extreme cases.
If you were injured due to the negligence of a professional Penske driver, you may be able to recover damages from the truck driver as well as the trucking company. An injury attorney may be able to hold Penske liable under a theory of vicarious liability. In California, employers may be held vicariously liable for the negligence of their employees within the course and scope of employment. The trucking company may also be liable for its negligent acts in connection with hiring, supervising, or training a professional truck driver. For example, if the trucking company hires a professional truck driver without conducting background checks or drug and alcohol tests that would have revealed a substance abuse problem, and then the truck driver gets into a drunk driving accident, the trucking company may be liable for negligent hiring.
The truck driver or trucking company may look for ways in which you were to blame for the truck accident. Under a theory of comparative negligence, the amount of your damages will be lowered in proportion to your percentage of fault. The jury will assess what the damages are, and it will also assign the parties determined to be at fault a percentage of fault. Your damages will then be reduced by an amount proportionate to your degree of fault.
If you are injured in a Penske truck accident, you may also need to establish the negligence of the driver in order to be able to recover damages. However, many people are also concerned with holding the rental truck company liable. In most cases, you will not be able to hold the rental truck company liable for the driver's negligence.
The Graves Amendment has provided that rental car companies cannot be liable for the negligence of a consumer driving a rental car. However, a truck rental company may be liable if its own acts of negligence cause an accident. For example, it might be held liable for renting a car to somebody who does not have a license. However, a California court has held that rental companies do not need to check a customer's driving history and cannot be held liable for renting to a driver who has past DUI arrests. A rental truck company may be held directly liable for its negligence if it rents a truck that it has not properly maintained, however, and the lack of maintenance contributes to the accident.
If you can establish liability, losses that you may be able to recover include economic and noneconomic damages. Economic losses may include past and future medical expenses, past and future wage loss, replacement services (such as household services), therapy, and vocational rehabilitation. Noneconomic losses may include pain and suffering, loss of enjoyment of life, loss of consortium, scarring, disfigurement, and lost earning capacity.Contact a Los Angeles Attorney Following a Rental Truck Accident
If you are injured or a loved one is killed due to a Penske truck accident in the Los Angeles area, you should contact an experienced lawyer so that you can obtain the compensation that you are entitled to receive. At Sharifi Firm, PLC, our experienced attorneys can provide knowledgeable legal representation. Contact us at (866) 422-7222 or complete our online form. We also represent people in Temecula, San Bernardino, Rancho Cucamonga, Glendale, Covina, and Riverside.